I-864 & I864A (Affidavit of Support) Urgent Please

[NeedHelp123 1]

Hello, my case is currently at NVC stage. My wife has applied for my CR-1 visa. I want to ask following question:

My wife's aunt is sponsoring me (joint sponsor) in my case. She is married & filed tax jointly with her husband and they have no children. She told us that her income is much above than poverty guide lines then there is no need for her husband to sponsor me by filing the form I-864A. Aunt has provided us signed I-864 with ACTUAL tax return and her W2 of year 2016. Does NVC can ask us to submit form I-864A filled by her husband or not? Please answer me. 

[NancyNguyen 1,657]

If she files tax jointly with her husband, then he should file I-864a.

[Sukie 1,460]

2 hours ago, NeedHelp123 said:

Hello, my case is currently at NVC stage. My wife has applied for my CR-1 visa. I want to ask following question:

My wife's aunt is sponsoring me (joint sponsor) in my case. She is married & filed tax jointly with her husband and they have no children. She told us that her income is much above than poverty guide lines then there is no need for her husband to sponsor me by filing the form I-864A. Aunt has provided us signed I-864 with ACTUAL tax return and her W2 of year 2016. Does NVC can ask us to submit form I-864A filled by her husband or not? Please answer me. 

If your aunt and husband filed their 2016 returns as "Married, Filing Jointly", then her husband will be required to fill out the I-864-A.  If your aunt and her husband filed as "Married, Filing Separately", then only your aunt's details are needed.

 

If they filed jointly, it is impossible to tell what HER income is and what HIS income is (W-2 helps, but there is usually interest income, and perhaps investment income).  So the I-864A shows what HIS income is, so it can be subtracted from the joint return to see what HER income is.

 

If they filed jointly, you need the I-864A.

 

Sukie in NY

[NeedHelp123 1]

Thanks